The Reserve Limited is committed to protecting the rights and freedoms of data subjects and safely and securely processing their data in accordance with all of our legal obligations.
We hold personal data about our employees, clients, suppliers and other individuals for a variety of business purposes.
The purposes for which personal data may be used by us:
Personnel, administrative, financial, regulatory, payroll and business development purposes.
Business purposes include the following:
- Compliance with our legal, regulatory and corporate governance obligations and good practice
- Gathering information as part of investigations by regulatory bodies or in connection with legal proceedings or requests
- Ensuring business policies are adhered to (such as policies covering email and internet use)
- Operational reasons, such as recording transactions, training and quality control, ensuring the confidentiality of commercially sensitive information, security vetting, credit scoring and checking
- Investigating complaints
- Checking references, ensuring safe working practices, monitoring and managing staff access to systems and facilities and staff absences, administration and assessments
- Monitoring staff conduct, disciplinary matters
- Marketing our business
- Improving services
‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Personal data we gather may include: individuals' phone number, email address, educational background, financial and pay details, details of certificates and diplomas, education and skills, marital status, nationality, job title, and CV.
Special categories of personal data
Special categories of data include information about an individual's racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership (or non-membership), physical or mental health or condition, criminal offences, or related proceedings, and genetic and biometric information — any use of special categories of personal data should be strictly controlled in accordance with this policy.
‘Data Controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by law.
‘Processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
‘Processing’ means any operation or set of operations that is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
This policy applies to all staff, who must be familiar with this policy and comply with its terms.
This policy supplements our other policies relating to internet and email use. We may supplement or amend this policy by additional policies and guidelines from time to time. Any new or modified policy will be circulated to staff before being adopted.
Who is responsible for this policy?
As our data protection officer (DPO), James Roy Poulter has overall responsibility for the day-to-day implementation of this policy. You should contact the DPO for further information about this policy if necessary.
// THE PRINCIPLES
Blockchain Reserve Limited shall comply with the principles of data protection (the Principles) enumerated in the EU General Data Protection Regulation. We will make every effort possible in everything we do to comply with these principles. The Principles are:
1. Lawful, fair and transparent
Data collection must be fair, for a legal purpose and we must be open and transparent as to how the data will be used.
2. Limited for its purpose
Data can only be collected for a specific purpose.
3. Data minimisation
Any data collected must be necessary and not excessive for its purpose.
The data we hold must be accurate and kept up to date.
We cannot store data longer than necessary.
6. Integrity and confidentiality
The data we hold must be kept safe and secure.
7. Accountability and transparency
We must ensure accountability and transparency in all our use of personal data. We must show how we comply with each Principle. We are responsible for keeping a written record of how all the data processing activities we are responsible for comply with each of the Principles. This must be kept up to date and must be approved by the DPO.
// OUR PROCEDURES
Fair and lawful processing
We must process personal data fairly and lawfully in accordance with individuals’ rights under the first Principle. This generally means that we should not process personal data unless the individual whose details we are processing has consented to this happening.
If we cannot apply a lawful basis (explained below), our processing does not conform to the first Principle and will be unlawful. Data Subjects have the right to have any data that has been unlawfully processed, erased.
Lawful basis for processing data
We must establish a lawful basis for processing data. We ensure that any data we are responsible for managing has a written lawful basis approved by the DPO. At least one of the following conditions must apply whenever we process personal data:
We hold recent, clear, explicit, and defined consent for the individual’s data to be processed for a specific purpose.
The processing is necessary to fulfil or prepare a contract for the individual.
3. Legal obligation
We have a legal obligation to process the data (excluding a contract).
4. Vital interests
Processing the data is necessary to protect a person’s life or in a medical situation.
5. Public function
Processing necessary to carry out a public function, a task of public interest or the function has a clear basis in law.
6. Legitimate interest
The processing is necessary for our legitimate interests. This condition does not apply if there is a good reason to protect the individual’s personal data which overrides the legitimate interest.
· Analysing and documenting the type of personal data we hold.
· Checking procedures to ensure they cover all the rights of the individual.
· Identifying the lawful basis for processing data.
· Ensuring consent procedures are lawful.
· Implementing and reviewing procedures to detect, report and investigate personal data breaches.
· Storing data in safe and secure ways.
· Assessing the risk that could be posed to individual rights and freedoms should data be compromised.
Accuracy and relevance
We will ensure that any personal data we process is accurate, adequate, relevant and not excessive, given the purpose for which it was obtained. We will not process personal data obtained for one purpose for any unconnected purpose unless the individual concerned has agreed to this or would otherwise reasonably expect this.
We keep personal data secure against loss or misuse. Where other organisations process personal data as a service on our behalf, the DPO will establish what, if any, additional specific data security arrangements need to be implemented in contracts with those third-party organisations.
Storing data securely
· In cases when data is stored on printed paper, it will be kept in a secure place where unauthorised personnel cannot access it.
· Printed data will be shredded when it is no longer needed.
· Data stored on a computer will be protected by strong passwords that are changed regularly. We encourage all staff to use a password manager to create and store their passwords.
· Data stored on CDs or memory sticks will be encrypted or password-protected and locked away securely when they are not being used.
· The DPO must approve any Cloud used to store data.
· Servers containing personal data will be kept in a secure location, away from general office space.
· Data will be regularly backed up in line with the company’s backup procedures.
· Data will never be saved directly to mobile devices such as laptops, tablets or smartphones.
· All servers containing sensitive data must be approved and protected by security software.
· All possible technical measures will be put in place to keep data secure.
We must retain personal data for no longer than is necessary. What is necessary will depend on the circumstances of each case, taking into account the reasons that the personal data was obtained, but should be determined in a manner consistent with our data retention guidelines.
Transferring data internationally
There are restrictions on international transfers of personal data. We will not transfer personal data abroad, or anywhere else outside of normal rules and procedures without express permission from the DPO.
// RIGHTS OF INDIVIDUALS
Individuals have rights to their data which we must respect and comply with to the best of our ability. We must ensure individuals can exercise their rights in the following ways:
1. Right to be informed
· Providing privacy notices, which are concise, transparent, intelligible and easily accessible, free of charge, that are written in clear and plain language, particularly if aimed at children.
· Keeping a record of how we use personal data to demonstrate compliance with the need for accountability and transparency.
2. Right of access
· Enabling individuals to access their personal data and supplementary information.
· Allowing individuals to be aware of and verify the lawfulness of the processing activities.
3. Right to rectification
· We must rectify or amend the personal data of the individual if requested because it is inaccurate or incomplete.
· This must be done without delay, and no later than one month. This can be extended to two months with permission from the DPO.
4. Right to erasure
· We must delete or remove an individual’s data if requested and there is no compelling reason for its continued processing.
5. Right to restrict processing
· We must comply with any request to restrict, block, or otherwise suppress the processing of personal data.
· We are permitted to store personal data if it has been restricted, but not process it further. We must retain enough data to ensure the right to restriction is respected in the future.
6. Right to data portability
· We must provide individuals with their data so that they can reuse it for their own purposes or across different services.
· We must provide it in a commonly used, machine-readable format, and send it directly to another controller if requested.
7. Right to object
· We must respect the right of an individual to object to data processing based on legitimate interest or the performance of a public interest task.
· We must respect the right of an individual to object to direct marketing, including profiling.
· We must respect the right of an individual to object to processing their data for scientific and historical research and statistics.
8. Rights in relation to automated decision making and profiling
· We must respect the rights of individuals in relation to automated decision making and profiling.
· Individuals retain their right to object to such automated processing, have the rationale explained to them, and request human intervention.
Our contracts must comply with the standards set out by the ICO and, where possible, follow the standard contractual clauses that are available. Our contracts with [Data Controllers (and/or) Data Processors] must set out the subject matter and duration of the processing, the nature and stated purpose of the processing activities, the types of personal data and categories of data subject, and the obligations and rights of the controller.
At a minimum, the below points should be applicable to our contracts:
· Acting only on written instructions.
· That those involved in processing the data are subject to a duty of confidence.
· Appropriate measures will be taken to ensure the security of the processing.
· Sub-processors will only be engaged with the prior consent of the Controller and under a written contract.
· The Controller will assist the Processor in dealing with subject access requests and allowing data subjects to exercise their rights under GDPR.
· The Processor will assist the Controller in meeting its GDPR obligations in relation to the security of processing, notification of data breaches and implementation of Data Protection Impact Assessments.
· We will delete or return all personal data at the end of the contract.
· We will submit to regular audits and inspections, and provide whatever information necessary for the Controller and Processor to meet their legal obligations.
· Nothing will be done by either the Controller or Processor to infringe on GDPR.
// CRIMINAL OFFENCE DATA
Any criminal record checks are justified by law. Criminal record checks cannot be undertaken based solely on the consent of the subject. We cannot keep a comprehensive register of criminal offence data. All data relating to criminal offences is considered to be a special category of personal data and must be treated as such.